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Initial interviews
To get answers to frequent questions about initial interviews with divorce and family law attorneys, please select one of the links below:
What should I expect at the initial interview?
The purpose of the initial interview is to first determine if you are able to establish a rapport with the lawyer and to determine if you and your lawyer are able to develop a comprehensive strategy regarding how your case is to be handled. At the conclusion of the interview, you should understand the basic law as it applies to your case. Additionally, you should understand what your lawyer’s strategy is to help you move forward with proceedings as quickly and as cost-effectively as possible.
What type of questions should be posed at the initial interview?
You will probably have many questions that you will want to ask the attorney that are particular to your individual case, but here are some general questions you may also want to ask:
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What is the procedure for getting a divorce?
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Does my situation have any special legal issues or factual problems?
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What are your billing rates and the amount of your retainer?
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Would you handle the case yourself or assign it to an associate?
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What do you expect of me as your client and what can I do to make the process easier and less expensive?
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Do you practice family law exclusively? If not, what percentage of your practice is family law?
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How long have you been practicing?
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If your spouse has retained an attorney, you may want to ask your prospective lawyer whether he or she knows this attorney. If so, ask: "Have you worked with him or her before? Do you think the attorney will work to settle the case? And is there anything that would prevent you from working against this attorney?"
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What percentage of your cases go to trial?
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Are you willing and able to go to trial if this case can't be settled any other way?
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What are my rights and obligations during this process?
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What happens now? Do I need to do anything? And when will I hear from you?
What documents should a potential client bring with him or her to the initial conference with a family lawyer for a divorce consultation?
It is not necessary for a potential client to bring any documents to their initial consultation. However, if the following documents are available it may be helpful to the attorney:
- The tax returns for the past two to three years;
- Their recent pay-check stub or pay-check stub of their spouse showing year to date pay;
- The most recent statement of accrued benefits for any pension plan; and
- The most recent statements of any brokerage or investment accounts.
Can one attorney represent both parties?
No. The Illinois Code of Professional Conduct precludes one attorney from representing both parties in a divorce case since the parties to a divorce case have conflicting interests.
An attorney can, however, represent one party in the divorce case without the spouse obtaining their own independent representation. The party without counsel would be acting as their own attorney which is known as being “pro se”. The attorney must clearly advise the non-represented party that he or she only represents their spouse and that they are not giving any legal advice or opinions to the non-represented party. Knowing said fact, the non-represented party must represent that he or she has chosen not to retain counsel.
It is advisable that both parties should have representation because of the many complicated and significant issues affecting people in a divorce proceeding.
Do most family lawyers charge for the initial interview?
Yes. Most family lawyers charge for the initial interview. The charge is usually similar to the lawyer’s charge for one hour of time but the charge is usually a flat fee.
 The purpose of this frequently asked questions (FAQs) are to provide a general overview of certain Illinois family law issues. These FAQs are not intended to provide legal advice that applies to any specific case. The nature of family law proceedings is that the facts and circumstances of each case are critical when a lawyer provides legal advice. Further, these FAQs are not intended to be inclusive or to deal with every situation that may arise in matrimonial disputes. You should discuss with your attorney how the particulars of these Questions and Answers may apply to your case.
Hopefully these FAQs will serve at least two purposes for you. It can give you a working familiarity with some basic concepts in Illinois family law so that when you meet with your attorney you will be in a better position to discuss various issues and to use your time efficiently. Because you will likely be receiving a tremendous amount of information in your initial consultation with your attorney, these FAQs might also help you retain critical information and refresh your recollection of what your attorney told you.
The statements contained in these FAQs do not necessarily reflect the positions of the Illinois Chapter of the American Academy of Matrimonial Lawyers.
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For more information about the Illinois Chapter of AAML and the services we provide, please contact us at 1-312-263-7682 between 8 a.m. and 5 p.m. Central Standard Time (CST), fill out our contact form, or email us at info@aaml-illinois.org.
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